Scott Daniel Johnson

Scott Daniel Johnson

Akin Gump Strauss Hauer & Feld LLP

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FERC Seeks Comment On Potential Modifications To Its Market Power Analyses

On September 22, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) seeking comment on whether and, if so, how FERC might modify or enhance its methods for identifying and assessing market...more

9/29/2016 - Acquisitions Competition Energy Market Federal Power Act FERC Horizontal Mergers Market Power Mergers Notice of Inquiry Power Purchase Agreements Public Comment Section 203

FERC Increases Civil Monetary Penalties up to 150 Percent

On June 29, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued an Interim Final Rule amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes,...more

7/7/2016 - Civil Monetary Penalty Energy Sector Federal Civil Penalties Inflation Adjustment Act of 1990 FERC Interim Rule

FERC’s Generator Interconnection Technical Conference Elicits Debate on Need for Interconnection Process Reforms

On May 13, 2016, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference on generator interconnection issues in partial response to a June 2015 Petition filed by the American Wind...more

6/24/2016 - Energy Sector Energy Storage FERC Interconnections ISOs Renewable Energy RTO Technical Conference

FERC Updates Agenda for June Technical Conference on PURPA Implementation Issues

On May 9, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued an updated agenda for its June 29, 2016, technical conference on implementation issues under the Public Utility Regulatory Policies Act...more

5/12/2016 - Energy Sector FERC PURPA Technical Conference Utilities Sector

Supreme Court Invalidates Maryland Power Plant Subsidy Program and Reaffirms FERC’s Exclusive Authority Over Wholesale Capacity...

On April 19, 2016, for the second time in three months, the Supreme Court of the United States reaffirmed the exclusive jurisdiction of the Federal Energy Regulatory Commission (FERC) over the formation of wholesale rates in...more

4/26/2016 - Exclusive Jurisdiction Federal Power Act FERC Hughes v Talen Energy PJM Power Plants Preemption SCOTUS Subsidies Supremacy Clause

FERC Proposes Revisions to Upstream Ownership Information Requirements for Market-Based Rate Filings

On December 17, 2015, just two months after significantly refining its market-based rate (MBR) policies and procedures in Order No. 816, the Federal Energy Regulatory Commission (FERC) proposed further revisions to its MBR...more

12/29/2015 - Energy Sector FERC Market Based Approach NOPR

FERC Reaffirms and Clarifies Exemption for Certain Qualifying Facilities from Section 203 of the Federal Power Act

On November 19, 2015, the Federal Energy Regulatory Commission (FERC) reaffirmed and clarified the exemption for certain Qualifying Facilities (QFs) from Section 203 of the Federal Power Act (FPA) set forth in Section...more

11/30/2015 - Change in Control Change in Ownership Exemptions Federal Power Act FERC

FERC Schedules Technical Conference on Proposed “Connected Entity” Regulations

On November 10, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) scheduled a technical conference regarding its Notice of Proposed Rulemaking (NOPR) on the collection of “Connected Entity” data from...more

11/17/2015 - FERC Market Participants NPRM Reporting Requirements Technical Conference

FERC Issues Final Rule Streamlining Market-Based Rate Policies and Procedures

On October 16, 2015, the Federal Energy Regulatory Commission (FERC) issued Order No. 816, a Final Rule streamlining its requirements for authorization to make wholesale sales of electric energy, capacity and ancillary...more

10/21/2015 - Electricity FERC Final Rules ISOs Market Based Approach RTO Telecommunications Utilities Sector

To Aid Enforcement Issues, FERC Proposes Significant Expansion of Data Required from RTO and ISO Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed to significantly expand the types and amount of data that regional transmission organizations (RTOs) and independent system operators (ISOs)...more

9/29/2015 - Data Collection Disclosure Requirements Electricity FERC ISOs Market Participants NOPR Proposed Regulation RTO

FERC’s Office of Energy Projects Publishes Suggested Best Practices for Natural Gas Industry Stakeholder Outreach Programs

On July 28, 2015, following a marked increase in protests at Federal Energy Regulatory Commission (FERC) open meetings and outside FERC headquarters—which in one case to date resulted in the rescheduling of an open meeting to...more

9/9/2015 - Energy Sector FERC Natural Gas Oil & Gas Public Meetings

FERC Approves Settlement for Pipeline Failure to Publicly Post Auction Notices

On July 30, 2015, two weeks after the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) to Columbia Gas Transmission LLC (“Columbia Gas”) for...more

8/5/2015 - Auction Energy Sector Federal Power Act FERC Natural Gas Act Notice Requirements Oil & Gas Pipelines Settlement

FERC Eliminates Annual Retail Purchaser List Filing Requirement

On July 16, 2015, the Federal Energy Regulatory Commission (FERC) eliminated the requirement for certain public utilities, including regional transmission organizations (RTOs), independent system operators (ISOs) and exempt...more

7/27/2015 - FERC Filing Requirements ISOs Public Utility RTO

FERC Staff Notice of Alleged Violations Accuses Columbia Gas of Failing to Publicly Post Notices of Auctions

On July 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a staff notice of alleged violations (“Notice”) stating that its Office of Enforcement has preliminarily determined, in a nonpublic investigation, that...more

7/22/2015 - Carbon Auctions Enforcement FERC Notice Requirements Posting Requirements Tariffs Transparency

Congressman Ed Whitfield Proposes Means for States to Avoid Compliance with the EPA’s Clean Power Plan

On March 23, 2015, Congressman Ed Whitfield (R-KY), Chairman of the Energy and Power Subcommittee of the House Energy & Commerce Committee, released a discussion draft of the Ratepayer Protection Act of 2015 (the Act)....more

3/31/2015 - Clean Power Plan Discussion Draft EPA Legislative Committees Proposed Legislation

FERC Eases EQR Filing Burden by Eliminating E-Tag ID Requirement

On February 6, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order on Rehearing of its Order No. 768, in which FERC expanded its Electric Quarterly Report (EQR) filing requirements by, among other things,...more

2/18/2015 - Electricity Energy Sector FERC Filing Requirements Petition For Rehearing Utilities Sector

FERC Issues Order to Show Cause and Notice of Proposed Penalty for Alleged Market Manipulation in New England

On February 2, 2015, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order) directing Calgary-based Maxim Power Corporation and certain of its...more

2/10/2015 - Federal Power Act FERC Market Manipulation Oil & Gas

FERC Approves Four MISO Market Manipulation Settlements

On December 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreements (Order) approving four Stipulation and Consent Agreements (Settlement Agreements) between...more

1/9/2015 - Civil Monetary Penalty Consent Agreements Disgorgement Energy Sector Enforcement Actions FERC Market Manipulation MISO Settlement Agreements

FERC Issues Order to Show Cause and Notice of Proposed Penalties to Powhatan Energy Fund, LLC and Related Parties

On December 17, 2014, as amended December 18, 2014, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty (Show Cause Order)1 directing Houlian (Alan) Chen, HEEP Fund,...more

1/6/2015 - Civil Monetary Penalty Disgorgement Electricity Energy Market Energy Sector Enforcement Actions Federal Power Act FERC Fraud Investment Funds Market Manipulation Order to Show Cause PJM

FERC Reduces New England Transmission Owners’ Base ROE to 10.57 percent and Caps Total ROE at 11.74 percent

On October 16, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531-A, an order on the paper hearing it established in Opinion No. 531 regarding the long-term growth rate to use to calculate the New...more

10/20/2014 - Electricity FERC Return on Equity Transmission Grid Utilities Sector

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

9/15/2014 - Appeals Capacity Market Electric Generation Suppliers Electricity Energy Policy Federal Power Act FERC

DOE Issues Draft Triennial National Electric Transmission Congestion Study

On August 19, 2014, the U.S. Department of Energy (DOE) issued a Notice of Public Comment on its draft triennial National Electric Transmission Congestion Study (“Congestion Study”). DOE prepares such congestion studies every...more

8/22/2014 - DOE Energy Federal Power Act Transmission Grid Transmission Lines Utilities Sector

FERC Accepts CAISO’s Proposed Generator Interconnection Process Enhancements To Facilitate Project Downsizing

On July 31, 2014, the Federal Energy Regulatory Commission (FERC) accepted amendments to the California Independent System Operator Corporation (CAISO) tariff designed to improve the efficiency and flexibility of the CAISO’s...more

8/8/2014 - CAISO Electricity Energy Projects FERC Interconnections New Amendments Renewable Energy Tariffs Utilities Sector

FERC Issues Notice of Alleged PJM Market Manipulation to Alan Chen and Powhatan Energy Fund, LLC

On August 5, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

8/7/2014 - Electricity Enforcement Enforcement Actions FERC Market Manipulation Utilities Sector

FERC Issues Notice of Alleged Natural Gas Market Manipulation

On July 9, 2014, the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Preliminary Notice) stating that FERC’s Office of Enforcement has preliminarily determined, in a non-public...more

7/11/2014 - Energy Enforcement Actions FERC Market Manipulation Natural Gas Oil & Gas

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